Computer Crime Criminal Legislation Study

The calculator crime means the crime that regards the calculator as the main tool and takes the calculator property as the object to commit crime. It is a new type of crime, accompanying with the economical development, scientific and technological progresses, invention and application of the calculator. Along with the popularization and use of calculator, the quantity of the calculator crime rises continuously, the social harm is enhancing increasingly. But as a new kind of crime, computer crime have not got uniform understanding theoretically, the aspect of legislation await further consummation to adjust the demand of the social development.The United States and other western developed nations began to research calculator crime in the 70's in 20 centuries, the research time is short, though there are no integrate system of subject formed, many research results have been achieved; The current penal code of our country has only three rulings and two imputations governing calculator crime, namely the crime of an illegal intruding calculator information system in the 285th article and the 286th article about disrupting calculator information system offense, the 287th article on regulation criminal punishment. Because of lag and faultiness of relating theories, the relevant provisions in our country penal code are too general, and are hard to cover with all aspects of the calculator crime, lacking of concrete judicial explanation, inconvenient in actual operation and application, further discussion and consummation are needed.The writing frame of the article is as follows:The first part defines and clarifies the concept of calculator crime, describing the development process of calculator crime, the first occurrence of calculator crime was in the military section, extending to other social fields lastly; The calculator crime is a new kind of crime, compared with other crimes, it has its own characteristics, brought new challenges to us, and these characteristics and challenges change with the progress of the society.The second part makes classification to the calculator crime, no longer limit in the related provisions of crime lawmaking, but make a narration to the existing calculator crime type from theories, for the convenience of criminal legislation on consummation...